Brooklyn Assembly Halls of Jehovah's Witnesses, Inc. v. Department of Environmental Protection

Because I believe the Department of Environmental Protection’s (DEP) unwritten rule—that in order for the religious property to qualify for exemption pursuant to the water exemption statute or the sewer ordinance it may not contain more than one caretaker residence on the proper*336ty—is arbitrary, capricious and unreasonable, I respectfully dissent.

The water exemption statute here at issue provides, in relevant part, that

“the real estate owned by any religious corporation located in the city of New York as now constituted, actually dedicated and used by such corporation exclusively as a place of…